ExecutiveOrdersEO
Proc 9822ProclamationTrump 45 · R

Proclamation 9822

Addressing Mass Migration Through the Southern Border of the United States

This proclamation suspends for up to 90 days the entry of aliens crossing the U.S.-Mexico border outside official ports of entry, making such individuals ineligible for asylum. It channels migrants to present at ports of entry for orderly processing while directing Cabinet officials to negotiate with Mexico and report on whether to extend the suspension.

Federal Register Open PDF 83 FR 57661

Impact dates

  1. Suspension expires unless earlier terminated by U.S.-Mexico agreement on removals

  2. Joint recommendation due from Secretary of State, Attorney General, and Secretary of Homeland Security on extension or renewal of suspension

Key directives

  • Suspend and limit entry of aliens across U.S.-Mexico border outside ports of entry
  • Channel aliens to ports of entry for asylum eligibility
  • Direct Secretary of Homeland Security to commit additional resources to southern border ports of entry
  • Direct Secretary of State and Secretary of Homeland Security to consult with Mexico on deterring and returning migrant groups
  • Require joint recommendation by Secretary of State, Attorney General, and Secretary of Homeland Security on extension/renewal within 90 days

Who is ordered

Timeline

Immediate

  • Suspension of entry takes effect for aliens entering after November 9, 2018
  • Aliens entering unlawfully through southern border become ineligible for asylum under concurrent regulation
  • Additional resources directed to ports of entry

Near term (90d)

  • Suspension expires February 7, 2019 unless earlier terminated by agreement with Mexico
  • Joint recommendation due from Secretary of State, Attorney General, and Secretary of Homeland Security on extension/renewal
  • Ongoing consultations with Mexico on interdiction and return of migrant groups

Long term

  • Potential extension or renewal of suspension based on presidential determination
  • Possible bilateral/multilateral agreements on migrant returns to Mexico
  • Structural pressure on asylum and immigration adjudication systems

Risks & tensions

  • Likely immediate legal challenge given asylum restrictions; text references need to comply with 'applicable court orders' in severability clause
  • Tension between channeling to ports of entry and reported capacity constraints at those ports
  • Vague standard for early termination ('agreement permits the United States to remove aliens to Mexico') creates implementation uncertainty
  • Concurrent regulation referenced but not fully described in proclamation text
Proclamation 9822: Addressing Mass Migration Through the Southern Border of the United States · Executive Orders